Employment Litigation, Protected Activity, Corporate Counsel

Can an Employee Claim Retaliation for Whistleblowing When They Were Simply Doing Their Job?

Littler on 7/9/2025

Assume the following, you ask your company’s in-house counsel to handle a highly sensitive matter involving bribery of foreign officials. The employee is given access to confidential attorney-client privileged information...more

It’s Protected: NLRB Finds “Black Lives Matter” Insignia on Employee Uniform Constitutes Protected Activity Under Circumstances

Proskauer - Labor Relations Update on 2/23/2024

The National Labor Relations Board (“NLRB”), in a 3-1 decision, held that an employee’s display on their work uniform of “BLM,” an acronym for Black Lives Matter, constituted protected concerted activity under Section 7 of...more

Q3 Employment Law Updates: Enforcement Actions Bring Much for Employers to Consider

DarrowEverett LLP on 10/11/2023

The third quarter of 2023 has been pretty exciting as far as employment lawyers are concerned. Substantial regulations have been proposed and the pressure from federal agencies continues to rise. We will talk about some of...more

Eleventh Circuit Explains How Protected Activity Loses Its Protected Status in Gogel v. Kia Motors

Cozen O'Connor on 8/5/2020

Title VII of the Civil Rights Act protects an employee’s conduct of complaining about Title VII violations. The Eleventh Circuit, however, has now provided the framework for when an employee’s otherwise protected conduct can...more

Union’s Efforts to Scare Employees From Participating in Employer Investigations Rebuked by the Board

Proskauer - Labor Relations Update on 6/10/2020

On June 5, 2020, the NLRB held, in Teamsters Local Union No. 735-S (Bemis Co., Inc.), 369 NLRB No. 97, that union officials’ retaliatory actions against members who participated in an investigation resulting in the discharge...more

Maryland State Government Employee’s Job Duties Reinstated after Demotion Following Facebook Post

Seyfarth Shaw LLP on 1/4/2019

Seyfarth Synopsis: Employees’ use of their personal social media accounts in ways that could impact an employer’s business present challenges to employers....more

Appeals Court Rejects Retaliation Claim Based On Religious Accommodation Request

Fisher Phillips on 11/15/2018

In a case of first impression, a federal appeals court just found that an applicant’s request for a religious accommodation did not constitute protected activity under Title VII for the purpose of establishing a retaliation...more

Eleventh Circuit Finds HR Employee’s Assistance with EEOC Charge Reasonable

Burr & Forman on 10/10/2018

In late September, the Eleventh Circuit reversed a grant of summary judgment for Kia Motors Manufacturing of Georgia, Inc. on race and national origin retaliation claims brought by one of its HR managers. In the split...more

The Sixth Circuit Shows That Balancing ADA Obligations With Enforcement Of Workplace Rules Is Far From An Exercise In Futility

Seyfarth Shaw LLP on 9/20/2018

Seyfarth Synopsis: Employers face a tough challenge in trying to balance their obligations under the ADA with efforts to enforce workplace rules. A recent decision out of the United States Court of Appeals for the Sixth...more

Court Rules Request for Religious Accommodation Is Not “Protected Activity” for Title VII Retaliation

Seyfarth Shaw LLP on 7/20/2017

Seyfarth Synopsis: A recent decision by a federal district court in Minnesota held that a religious accommodation request is not “protected activity” under Title VII. In defending retaliation litigation, employers should...more

Employment Litigation › Protected Activity › Corporate Counsel

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